Online pirates face the music in court

Exams or jail? That is the question awaiting three university students who met on the internet, took their computer and music skills to the limit, and are waiting sentence for Australia's first criminal prosecution for online music piracy.

Yesterday in a Sydney court, the Commonwealth Director of Public Prosecutions asked that University of NSW science student Charles Ng, 20, be jailed for creating and operating a website, MP3WMAland.

Ng ran the Napster-style website from his bedroom at his family's home in Blacktown. While none of the students made money out of the site, the music industry alleges the pirated music cost it at least $60 million. Counsel for the Commonwealth, Paul Roberts, SC, said Ng was well aware he was acting illegally.

Not only was the site camouflaged but Ng had co-written an essay for his information technology law course on "open source software licensing".

Mr Roberts said the offences carried a maximum jail term of five years or a $60,500 fine. He said there had been jailings in Britain for similar offences and that the seriousness of the crime and the deterrence to others demanded a full-time jail sentence for Ng.

He said one of the co- accused, UTS information technology student Peter Tran, 19, was less culpable, having met Ng on the internet and then helped him to run and operate the site. Mr Roberts said the Commonwealth did not seek jail for UTS computer science student Tommy Le, 21, whose alter ego is hip hop DJ "DJ ACE", who has pleaded guilty to breaching copyright by mixing music, and distributing his compilation tracks.

The DPP, significantly, did not seek costs, which the recording industry claims it is entitled to receive. Richard Seton, SC, for the copyright owners - which include Universal Music, Sony, Warner, BMG, EMI and Festival Mushroom - tried to submit evidence about the industry's costs before Deputy Chief Magistrate Graeme Henson. The DPP said the industry's submissions had been rejected by a magistrate who heard the case in its early stages.

Ng pleaded guilty to 22 charges of distributing and aiding and abetting the distribution of copyrighted material.

Tran pleaded guilty to 17 copyright charges. Le pleaded guilty to 29 less serious copyright charges.Mr Henson adjourned sentencing the three until November 17 - but on learning that one of them had exams that day, agreed to deliver judgement the following day.